Domestic violence offender who bashed partner twice, once while she held their 10-month-old child, escapes prison sentence

POLICE have lost a Supreme Court bid to have a man jailed after he punched his partner in the face while she was holding their 10-month-old baby.

Scott James Heritage punched his partner in the face while she was holding their child. Picture: iStock

POLICE have lost a Supreme Court bid to have a recidivist domestic violence offender jailed after he punched his partner in the face while she was holding their 10-month old baby.

Scott James Heritage, was already on a good behaviour bond and subject to an intervention order for severely bashing the same woman almost a year earlier when she was pregnant with his child.

However, when Heritage appeared in Christies Beach Magistrates Court on the latest assault charge, Magistrate Koula Kossiavelos excused his breach of bond and extended it and then gave him another suspended sentence.

In her reasons, Ms Kossiavelos said revoking the bond would be “disproportionate and oppressive to the offending that is before me’’ and that Heritage “needed to obtain professional assistance’’ for his mental health and anger management issues.

This was despite the serious nature of both attacks and a history of violence that included three counts of aggravated assault in 2011 and a restraining order against him involving a different victim.

Following Ms Kossiavelos’ decision, police appealed to the Supreme Court, contending the magistrate erred by having regards to the personal circumstances of Heritage — including that he had been a victim of domestic violence and had recently been injured in a home invasion — and insufficient regard to the circumstances of the offending.

The court heard on September 12, 2016 Heritage assaulted his partner by hitting her across the head with a cat scratching pole, causing a 4cm laceration .

He pleaded guilty to aggravated assault and was given a nine-month sentence, suspended on an 18-month good behaviour bond.

In November 2016, an intervention order was issued against Heritage that included a condition that he “not assault, threaten, harass or intimidate’’ his victim.

On September 20, 2017, Heritage again assaulted his partner by punching her in the face while she was holding their child and pleaded guilty.

Ms Kossiavelos extended the bond’s term by six months. In sentencing him for the assaults she discounted a three-month sentence.

He was given credit for the 26 days he spent in custody, leaving a 28-day sentence which was then suspended in favour of an 18-month good behaviour bond.

In his judgment Justice Greg Parker says Magistrate Kossiavelos “did take into account the circumstances of the 2017 offending.’’

“While domestic violence is repugnant, particularly in this case as the victim was holding their infant child when the respondent punched her on the nose, in contrast to the 2016 offence, the 2017 offences did not involve use of a weapon, nor did the victim require medical treatment,’’ he said.

 

If you are experiencing domestic violence, call:

1800RESPECT (1800 737 732)

SA Domestic Violence Crisis Line 1800 800 098

Lifeline 13 11 14

In an emergency 000